WPMS/1126/2023
2023 Latest Caselaw 1041 UK

 IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
          ON THE 19TH DAY OF APRIL, 2023
                              BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


      WRIT PETITION (M/S) No. 1126 of 2023

BETWEEN:

Amba Dutt Joshi.                             ..........Petitioner
      (By Mr. Mahesh Chandra Upadhyay          & Mr. A.M. Saklani,
      Advocates)

AND:
State of Uttarakhand & others.                     ....Respondents

      (Mr. Yogesh Pandey, Additional Chief Standing Counsel for the
      State of Uttarakhand/respondent nos. 1 to 4 and Mr. Subhang
      Dobhal, Advocate for respondent nos. 5 & 6)


                             JUDGMENT

Heard learned counsel for the parties.

2. Petitioner is senior most teacher in a Government Aided Institution, namely, Pantnagar Inter College, however, charge of the post of Principal has not been given to him. In this writ petition, petitioner has sought the following reliefs:-

"1. Issue a writ, order / direction in the nature of mandamus, directing to respondent no. 2 to dissolve this committee of management, without any delay.

2. Issue a writ order/ direction in the nature of mandamus directing the competent authority to stop the functioning of society and declare all the work and functions being done by society illegal and invalid."

3. It is contended by learned counsel for petitioner that the registration of society, which manages affairs of the aforesaid institution, expired in

2018, and thereafter, registration has not been renewed. It is further contended that against vacancies in the office of Manager/Vice President of Committee of Management, only one person has been appointed, therefore, Committee of Management deserves to be dissolved.

4. In the humble opinion of this Court, since petitioner is an employee of concerned institution, therefore, he has no locus standi to maintain this petition, for dissolution of Committee of Management.

5. The contention that registration of Society was not renewed, therefore, the Society has to be dissolved, cannot be accepted. The institution in question is duly recognised by Uttarakhand Education board, and is also getting financial aid from the State Government, therefore, merely on account of non- renewal of registration, Committee of the said institution cannot be dissolved. Second contention raised on behalf of petitioner that only one person has been appointed/elected against vacancies in the office of Manager/Vice President, is also without any force, as one unfilled vacancy can be filled on some future date. The grounds raised by petitioner, for seeking dissolution of Committee of Management, are not germane; therefore, there is no scope for interference in the matter.

6. Accordingly, writ petition fails and is dismissed. There shall be no order as to costs.

(MANOJ KUMAR TIWARI, J.) Navin